IEP/504 Information for ELL parents

**If you don't have an ELL student, you may get really, really bored reading this. If you do have an ELL student, you still may get really, really bored reading this. If you suspect your ELL student has a learning disability and/or you are not getting the services you feel you are entitled to, push through. It may help. May, being the key word. :)

I have been having a problem that many of my fellow adoptive parents have. We are told that our ELL/ESL students do not qualify for special services while under the ELL/ESL umbrella. I even remember reading this in the paperwork that I received upon enrolling the boys in school.

Another blogger, viaukraine.com, just posted about trying to get her son who has been home for five months tested for a learning disability and offered some advice. She doesn't live in our state, but it motivated me to spend a few hours doing some web searching and it was worth it. One difference I have found between her state and ours is that our state has thirty days to begin testing after said testing has been approved. And that can be a fight in and of itself. Her state must begin testing within thirty days of being requested. I'll work on figuring out how to get that testing approved, as that has been my biggest struggle in the past (and currently for that matter although this time around with Three hasn't been so bad as with Two in our previous district).

For my Utah specific friends, we are in the Weber district, and after googl-ing 'esl weber school district', I was able to pull up a power point for the ESL Curriculum. On page 5 it reads,

'If an ESL student does not progress, the referral process may be started for resource testing. Please see the ESL facilitator and resource department to begin the process. A student may receive ESL and resource services simultaneously, if indicated by the IEP.'

Hello?! Golden.

I also re-read the information I had received that qualifies (or not) a student for special services. Here's what I have read before, but that now takes on new meaning:

'A student must not be determined to be a student with a disability if the determinant factor is:

1) lack of appropriate instruction in reading, including the essential components of reading instruction (phonemic awareness, alphabetic principle, vocabulary, comprehension, and fluency);

2) lack of appropriate instruction in math; or

3) limited English proficiency.

I read this with new eyes. The current school district would have to say that they are not providing 'appropriate instruction' in all of those areas. It does not say that a student must not be determined to be a student with a disability if they at one time (read: while in Ukraine) had lack of appropriate instruction. The child would also have to not be understanding what is being said to disqualify under the 'limited English proficiency.' This means if they understand the teacher, but do not understand the concept, they qualify. Not that it's going to be that easy to get the paperwork to prove, but press on. It could become easy if you then start in on how the ELL program is failing miserably thus providing inadequate opportunity for learning. Either way, if they don't agree, they are admitting to failing substantially in an area where they are required by law to provide adequate and appropriate instruction... Follow?

It further reads:

'The IEP must include: g. consideration of special factors as follows: 1) in the case of a student with limited English proficiency, consider the language needs of the student as those needs relate to the student's IEP.'

This right here says that students with limited English proficiency are eligible for an IEP. Why else would they include this provision, were it not so.

Specifically look up your school district's special education policies and procedures. By law, this is public information and should be readily available to anyone who wants access. If you can't find it online, drop by the district offices and request your free copy:). It is long, but you need to read through it and find your 'loophole'.

Utah friends, go to: idea.ed.gov/

select part B,

under 'browse major topics' select 'identification of specific learning disabilities'

read 3, like the whole thing.

Determine which area your child has difficulties in.

This is the tough one. Determine why this is not due to limited English proficiency. If your kid has tested out of ELL, there's your ticket.

If you are looking for proof that your child's underachievement is not due to lack of appropriate instruction, go to his/her teacher. They should be more than happy to provide you with proof that they have been providing adequate and appropriate instruction, right?!

There's also a part where it reads: 'the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state-approved grade level standards, or intellectual development...'

This is what has helped us document the need for Three to receive testing for special services regarding her possible (here comes the bad word) dyslexia. She demonstrated an inconsistent pattern of knowledge. You know all those annoying charts they give you at all the conferences? A zig-zag pattern is generally not great. There should be an incline... And the incline needs to be appropriately inclining!

I hope this helps somebody. If not, at least I will be able to find all the stuff I just spent the past few hours reading so that I can use it at my school.

Also, Nan if you are reading this, I read the entire Davis district special ed policy and procedure handbook and it said in there that an ELL student is supposed to have one half an hour minimum with the language computer program and also specialized instruction with a trained individual. While it does specify that they are an 'immersion based' learning program, they also specified adequate and appropriate individualized training for language acquisition. Find that paragraph, print it off, highlight it and put it in your principal and superintendent's mailbox for your elementary student. They are messing with you big time. Jami, I'd be willing to bet you are in the same situation given that your district keeps pulling the 'we are an immersion based' language learning program.